Case: United States v. Nago

1:25-cv-00522 | U.S. District Court for the District of Hawaii

Filed Date: Dec. 11, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is an attempt by the United States to compel the State of Hawaii to furnish an unredacted copy of its statewide voter registration list. On December 11, 2025, The United States brought this lawsuit against Chief Elections Officer for Hawaii Scott Nago in U.S. District Court for the District of Hawaii. The case was assigned to Chief Judge Derrick K. Watson.The federal government alleged Nago's failure to furnish specific election records pursuant to 52 U.S.C. § 20703 was in direct viol…

This case is an attempt by the United States to compel the State of Hawaii to furnish an unredacted copy of its statewide voter registration list.

On December 11, 2025, The United States brought this lawsuit against Chief Elections Officer for Hawaii Scott Nago in U.S. District Court for the District of Hawaii. The case was assigned to Chief Judge Derrick K. Watson.The federal government alleged Nago's failure to furnish specific election records pursuant to 52 U.S.C. § 20703 was in direct violation of the Civil Rights Act of 1960. The legal action stems from an investigation into Hawaii’s compliance with the National Voter Registration Act (NVRA) and the Help America Vote Act (HAVA). Under Title III of the Civil Rights Act of 1960 (CRA), state election officials are obligated to retain voter registration records and make them available for inspection upon a written demand from the Attorney General..

According to the complaint, the Attorney General sent a written demand in September 2025 for Hawaii’s statewide voter registration list, including "all fields" required by HAVA. Defendant Nago refused to comply, citing Hawaii state privacy laws as a barrier to providing the requested data. The Department of Justice challenged this refusal, noting that federal statutes provide exemptions for government agencies carrying out enforcement functions and offered a Memorandum of Understanding (MOU) to address the state's privacy concerns. The defendant continued to refuse to produce the records. The plaintiff requested that the court declare the defendant's actions unlawful and to order the production of the statewide voter registration list, including registrants' full names, dates of birth, residential addresses, and partial Social Security numbers or driver’s license numbers.

On February 2, 2026, the defendant requested that the court stay proceedings in this case pending the Ninth Circuit’s disposition of the expected appeals from United States v. Weber, and United States v. Oregon, cases in which federal judges dismissed complaints by the United States to compel unredacted state voter registration lists. However, the Court denied the motion to stay on February 4, 2026, reasoning that the defendant merely speculated that the United States will file an appeal in Weber and in Oregon, and that even if a notice of appeal is filed in one, or both, of those cases, the Court would be unable to predict when those appeals would be decided. 

This case remains in early stages of litigation, with a Scheduling Conference scheduled for May 7, 2026.

This case is ongoing. Here are all the DOJ Voter Data lawsuits in the Clearinghouse collection. 

Summary Authors

Sofia Yoder (2/8/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72023578/parties/united-states-v-nago/


Judge(s)

Kobayashi, Leslie Emi (Hawaii)

Attorney for Plaintiff

Bennett, Brittany E. (Hawaii)

Neff, Eric (Hawaii)

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Documents in the Clearinghouse

Document
1

1:25-cv-00522

Complaint

United States of America v. Nago

Dec. 11, 2025

Dec. 11, 2025

Complaint
50

1:25-cv-00522

Order Denying Defendant's Motion to Stay

Feb. 4, 2026

Feb. 4, 2026

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/72023578/united-states-v-nago/

Last updated April 20, 2026, 3:23 a.m.

ECF Number Description Date Link Date / Link
1

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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Dec. 11, 2025

Dec. 11, 2025

Clearinghouse
2

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

Dec. 11, 2025

Dec. 11, 2025

3

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)

Dec. 11, 2025

Dec. 11, 2025

4

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)

Dec. 11, 2025

Dec. 11, 2025

5

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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Dec. 11, 2025

Dec. 11, 2025

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6

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)

Dec. 11, 2025

Dec. 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)

Dec. 12, 2025

Dec. 12, 2025

Advisory Entry-Incorrect Attorney Filer

Dec. 12, 2025

Dec. 12, 2025

7

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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Dec. 17, 2025

Dec. 17, 2025

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8

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)

Dec. 18, 2025

Dec. 18, 2025

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9

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)

Dec. 23, 2025

Dec. 23, 2025

10

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)

Dec. 23, 2025

Dec. 23, 2025

11

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)

Dec. 23, 2025

Dec. 23, 2025

12

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

Dec. 29, 2025

Dec. 29, 2025

13

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

Dec. 29, 2025

Dec. 29, 2025

14

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)

Dec. 29, 2025

Dec. 29, 2025

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15

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

Dec. 30, 2025

Dec. 30, 2025

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16

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

Dec. 30, 2025

Dec. 30, 2025

17

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)

Jan. 2, 2026

Jan. 2, 2026

18

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)

Jan. 2, 2026

Jan. 2, 2026

19

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)

Jan. 2, 2026

Jan. 2, 2026

20

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)

Jan. 5, 2026

Jan. 5, 2026

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21

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

Jan. 6, 2026

Jan. 6, 2026

22

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)

Jan. 8, 2026

Jan. 8, 2026

23

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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Jan. 13, 2026

Jan. 13, 2026

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24

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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Jan. 14, 2026

Jan. 14, 2026

25

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)

Jan. 16, 2026

Jan. 16, 2026

26

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)

Jan. 16, 2026

Jan. 16, 2026

27

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)

Jan. 16, 2026

Jan. 16, 2026

28

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)

Jan. 16, 2026

Jan. 16, 2026

29

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)

Jan. 20, 2026

Jan. 20, 2026

30

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)

Jan. 20, 2026

Jan. 20, 2026

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31

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)

Jan. 20, 2026

Jan. 20, 2026

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32

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)

Jan. 21, 2026

Jan. 21, 2026

33

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)

Jan. 21, 2026

Jan. 21, 2026

34

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)

Jan. 21, 2026

Jan. 21, 2026

35

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)

Jan. 21, 2026

Jan. 21, 2026

39

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)

Jan. 21, 2026

Jan. 21, 2026

40

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)

Jan. 21, 2026

Jan. 21, 2026

36

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)

Jan. 22, 2026

Jan. 22, 2026

37

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)

Jan. 22, 2026

Jan. 22, 2026

38

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)

Jan. 22, 2026

Jan. 22, 2026

41

Consent Unopposed MOTION re 3 to Extend Rule 16 Scheduling Conference Set Rule 16 Scheduling Conference Brittany E. Bennett appearing for Plaintiff United States of America (Bennett, Brittany) Modified on 2/3/2026 (eta). (Entered: 02/02/2026)

Feb. 2, 2026

Feb. 2, 2026

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NOTICE of Appearance by Aaron H. Schulaner on behalf of Scott Nago on behalf of Scott Nago. (Schulaner, Aaron) (Entered: 02/02/2026)

Feb. 2, 2026

Feb. 2, 2026

43

EO: [ECF 41 ] Unopposed Motion to Extend Rule 16 Scheduling Conference is GRANTED.The Rule 16 Scheduling Conference scheduled for 2/9/2026 is CONTINUED to 5/7/2026 at 9:00 a.m. before Magistrate Judge Trader. Scheduling conference statements are due 4/30/2026.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: 02/02/2026)

Feb. 2, 2026

Feb. 2, 2026

44

MOTION to Stay Thomas J. Hughes appearing for Defendant Scott Nago (Attachments: # 1 Memorandum in Support of Motion, # 2 Certificate of Service)(Hughes, Thomas) (Entered: 02/02/2026)

1 Memorandum in Support of Motion

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2 Certificate of Service

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Feb. 2, 2026

Feb. 2, 2026

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Order on Motion for Miscellaneous Relief

Feb. 2, 2026

Feb. 2, 2026

45

NOTICE of Appearance by Sophia Lin Lakin on behalf of Neil Abercrombie, Common Cause, Katherine Hammes on behalf of Neil Abercrombie, Common Cause, Katherine Hammes. (Lakin, Sophia) (Entered: 02/03/2026)

Feb. 3, 2026

Feb. 3, 2026

46

NOTICE of Appearance by Theresa J. Lee on behalf of Neil Abercrombie, Common Cause, Katherine Hammes on behalf of Neil Abercrombie, Common Cause, Katherine Hammes. (Lee, Theresa) (Entered: 02/03/2026)

Feb. 3, 2026

Feb. 3, 2026

47

NOTICE of Appearance by William Hughes on behalf of Neil Abercrombie, Common Cause, Katherine Hammes on behalf of Neil Abercrombie, Common Cause, Katherine Hammes. (Hughes, William) (Entered: 02/03/2026)

Feb. 3, 2026

Feb. 3, 2026

48

NOTICE of Appearance by Ethan Herenstein on behalf of Neil Abercrombie, Common Cause, Katherine Hammes on behalf of Neil Abercrombie, Common Cause, Katherine Hammes. (Herenstein, Ethan) (Entered: 02/03/2026)

Feb. 3, 2026

Feb. 3, 2026

49

STIPULATION re 24 MOTION to Intervene as Defendants of Common Cause, Neil Abercrombie, and Katherine Hammes by Neil Abercrombie, Common Cause, Katherine Hammes. (Hills, Emily) (Entered: 02/03/2026)

Feb. 3, 2026

Feb. 3, 2026

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ORDER DENYING DEFENDANT'S MOTION TO STAY re 44 - Signed by SENIOR JUDGE LESLIE E. KOBAYASHI on 2/4/2026. For the foregoing reasons, Defendant's Motion to Stay, filed February 2, 2026, is HEREBY DENIED. The denial is WITHOUT PREJUDICE to the filing of a similar motion, if one later becomes appropriate based on the posture of the instant case and the posture of any appeal in Weber, Oregon, and/or another similar case. Defendant is ORDERED to file its response to the Complaint by February 18, 2026. (eta) (Entered: 02/04/2026)

Feb. 4, 2026

Feb. 4, 2026

Clearinghouse

ADVISORY ENTRY. Submission of Proposed Orders - Please be advised that ECF No. 49 Stipulation Regarding Motion to Intervene of Common Cause, Neil Abercrombie and Katherine Hammes, requires the court's approval. If the filing party has not already done so, please email the document in Microsoft Word format to the Chambers of Senior U.S. District Judge Leslie E. Kobayashi at kobayashi_orders@hid.uscourts.gov. (eta)

Feb. 4, 2026

Feb. 4, 2026

Advisory Entry-Personal Identifiers

Feb. 4, 2026

Feb. 4, 2026

51

ORDER REJECTING THE PARTIES' STIPULATION AND DENYING THE MOTION OF COMMON CAUSE, NEIL ABERCROMBIE, AND KATHERINE HAMMES TO INTERVENE AS DEFENDANTS re 24 - Signed by SENIOR JUDGE LESLIE E. KOBAYASHI on 2/17/2026. For the foregoing reasons, the Motion of Common Cause, Neil Abercrombie, and Katherine Hammes to Intervene as Defendants, filed January 14, 2026, is HEREBY DENIED WITHOUT PREJUDICE to the filing of a motion for leave to file an amicus brief. (eta) (Additional attachment(s) added on 2/17/2026: # 1 Exhibit 1) (eta). Modified on 2/17/2026 NEF regenerated (eta). (Entered: 02/17/2026)

1 Exhibit 1

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Feb. 17, 2026

Feb. 17, 2026

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52

MOTION to Dismiss NAACP CALIFORNIA-HAWAII STATE CONFERENCES RULE 12 MOTION William Meheula appearing for Intervenor Defendant NAACP California-Hawaii State Conference (Attachments: # 1 PROPOSED ORDER GRANTING NAACP CALIFORNIA-HAWAII STATE CONFERENCES RULE 12 MOTION)(Meheula, William) (Entered: 02/18/2026)

Feb. 18, 2026

Feb. 18, 2026

53

MOTION to Dismiss Thomas J. Hughes appearing for Defendant Scott Nago (Attachments: # 1 Memorandum in Support of Motion, # 2 Certificate of Service)(Hughes, Thomas) (Entered: 02/18/2026)

Feb. 18, 2026

Feb. 18, 2026

54

MOTION for Leave to File an Amicus Brief Aimee Lum appearing for Amicus Democratic National Committee (Attachments: # 1 Exhibit 1, # 2 Proposed Order, # 3 Certificate of Service)(Lum, Aimee) (Entered: 02/19/2026)

1 Exhibit 1

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2 Proposed Order

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3 Certificate of Service

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Feb. 19, 2026

Feb. 19, 2026

55

MOTION for Pro Hac Vice Re Dan Freeman Filing fee $ 300, receipt number AHIDC-3270023.Aimee Lum appearing for Amicus Democratic National Committee (Lum, Aimee) (Entered: 02/19/2026)

Feb. 19, 2026

Feb. 19, 2026

56

EO: ORDER SETTING BRIEFING SCHEDULE On February 18, 2026, Intervenor Defendant NAACP California-Hawaii State and Defendant Scott Nago ("Defendants") filed Motions to Dismiss [Dkt Nos. 52 and 53]. Court sets the following hearing and briefing schedule:Opposition memoranda due: 3/6/2026.Optional reply memoranda due: 3/20/2026.Motions hearing is set for 4/3/2026 at 11:00 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.(cgc) (Entered: 02/20/2026)

Feb. 20, 2026

Feb. 20, 2026

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57

ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO DANIEL J. FREEMAN, ESQ. re 55 - Signed by MAGISTRATE JUDGE ROM TRADER on 2/23/2026. (eta) (Entered: 02/23/2026)

Feb. 23, 2026

Feb. 23, 2026

58

NOTICE of Appearance by Christopher J Gardner on behalf of United States of America on behalf of United States of America. (Gardner, Christopher) (Entered: 02/24/2026)

Feb. 24, 2026

Feb. 24, 2026

59

MOTION for Leave to File Amicus Brief by Seventeen States and the District of Columbia Donna H. Kalama appearing for Amicus State of New Mexico (Attachments: # 1 Exhibit 1, # 2 Proposed Order, # 3 Certificate of Service)(Kalama, Donna) (Entered: 02/25/2026)

1 Exhibit 1

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2 Proposed Order

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3 Certificate of Service

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Feb. 25, 2026

Feb. 25, 2026

60

MOTION for Pro Hac Vice Re Olivia den Dulk Filing fee $ 300, receipt number AHIDC-3272776.Donna H. Kalama appearing for Amicus State of New Mexico (Kalama, Donna) (Entered: 02/25/2026)

Feb. 25, 2026

Feb. 25, 2026

61

MOTION for Leave to File Brief of Amici Curiae Former Employees of the U.S. Department of Justice Randall C. Whattoff appearing for Amicus Parties Anna Baldwin, David Becker, Gregory Friel, Bradley Heard, Brian Heffernan, Robert Kengle, Timothy Lambert, Justin Levitt, Steven Mulroy, Dana Paikowsky, Stephen Pershing, John Powers, Joseph Rich, Bob Rush, Elizabeth Ryan, Bryan Sells, Avner Shapiro, Thomas Sheran (Attachments: # 1 Memorandum in Support of Motion, # 2 Exhibit 1 - Brief of Amici Curiae, # 3 Proposed Order)(Whattoff, Randall) (Entered: 02/25/2026)

1 Memorandum in Support of Motion

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2 Exhibit 1 - Brief of Amici Curiae

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3 Proposed Order

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Feb. 25, 2026

Feb. 25, 2026

62

MOTION for Pro Hac Vice (Noah B. Bokat-Lindell) Filing fee $ 300, receipt number AHIDC-3272885.Randall C. Whattoff appearing for Amicus Parties Anna Baldwin, David Becker, Gregory Friel, Bradley Heard, Brian Heffernan, Robert Kengle, Timothy Lambert, Justin Levitt, Steven Mulroy, Dana Paikowsky, Stephen Pershing, John Powers, Joseph Rich, Bob Rush, Elizabeth Ryan, Bryan Sells, Avner Shapiro, Thomas Sheran (Whattoff, Randall) (Entered: 02/25/2026)

Feb. 25, 2026

Feb. 25, 2026

63

ORDER GRANTING DEMOCRATIC NATIONAL COMMITTEE'S MOTION FOR LEAVE TO FILE AN AMICUS BRIEF re 54 - Signed by MAGISTRATE JUDGE ROM TRADER on 2/26/2026. (eta) (Entered: 02/26/2026)

Feb. 26, 2026

Feb. 26, 2026

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64

ORDER GRANTING MOTION FOR LEAVE TO FILE AMICUS BRIEF BY SEVENTEEN STATES AND THE DISTRICT OF COLUMBIA re 59 - Signed by MAGISTRATE JUDGE ROM TRADER on 2/26/2026. (eta) (Entered: 02/26/2026)

Feb. 26, 2026

Feb. 26, 2026

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65

ORDER GRANTING UNOPPOSED MOTION FOR LEAVE TO FILE BRIEF OF AMICI CURIAE FORMER EMPLOYEES OF THE U.S. DEPARTMENT OF JUSTICE re 61 - Signed by MAGISTRATE JUDGE ROM TRADER on 2/26/2026. (eta) (Entered: 02/26/2026)

Feb. 26, 2026

Feb. 26, 2026

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66

Brief of Amici Curiae Former Employees of the U.S. Department of Justice. (Attachments: # 1 Appendix A - List of Amici Curiae)(Whattoff, Randall) (Entered: 02/27/2026)

1 Appendix A - List of Amici Curiae

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Feb. 27, 2026

Feb. 27, 2026

67

ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO OLIVIA DEN DULK, ESQ. re 60 - Signed by MAGISTRATE JUDGE ROM TRADER on 2/27/2026. (eta) (Entered: 02/27/2026)

Feb. 27, 2026

Feb. 27, 2026

68

ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO NOAH B. BOKAT-LINDELL, ESQ. re 62 - Signed by MAGISTRATE JUDGE ROM TRADER on 2/27/2026. (eta) (Entered: 02/27/2026)

Feb. 27, 2026

Feb. 27, 2026

69

Amicus Curiae APPEARANCE [AMICUS BRIEF] entered by Aimee Lum on behalf of Democratic National Committee. (Lum, Aimee) Modified on 3/2/2026 (eta). (Entered: 02/27/2026)

Feb. 27, 2026

Feb. 27, 2026

70

MOTION for Leave to File Brief of Amicus Curiae Emily M. Hills appearing for Intervenor Defendants Neil Abercrombie, Common Cause, Katherine Hammes (Attachments: # 1 Exhibit 1 - Proposed Amicus Brief, # 2 Exhibit 2 - Signed MOU)(Hills, Emily) (Entered: 02/27/2026)

1 Exhibit 1 - Proposed Amicus Brief

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2 Exhibit 2 - Signed MOU

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Feb. 27, 2026

Feb. 27, 2026

71

Brief of Amici Curiae Seventeen States and the District of Columbia. (Kalama, Donna) (Entered: 02/28/2026)

Feb. 28, 2026

Feb. 28, 2026

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72

EO: On 2/27/2026, non-parties Common Cause, Neil Abercrombie, and Katherine Hammes ("Movants") filed [ECF 70 ] Motion of Common Cause, Neil Abercrombie, and Katherine Hammes for Leave to File a Brief as Amici Curiae ("Motion"). Movants represent that after a pre-filing conference, Defendant Scott Nago consents to the Motion, Intervenor-Defendant NAACP California Hawaii State Conference takes no position but Plaintiff United States of America objects to the Motion. ECF No. 70 at PageID.803. Court directs Plaintiff to file a position statement by 3/4/2026. Thereafter, upon review, the Court intends to decide the Motion without a hearing. Local Rules of Practice for the United States District Court for the District of Hawaii 7.1(c). (MAGISTRATE JUDGE ROM TRADER)(rt2) (Entered: 03/02/2026)

March 2, 2026

March 2, 2026

73

NOTICE by United States of America re 72 Link,,, United States of America. (Gardner, Christopher) (Entered: 03/03/2026)

March 3, 2026

March 3, 2026

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74

EO: In light of [ECF 73 ] Plaintiff United States of America's Notice of No Opposition, the [ECF 70 ] Motion of Common Cause, Neil Abercrombie, and Katherine Hammes for Leave to File a Brief as Amici Curiae ("Motion") is GRANTED. By no later than 3/6/2026, movants Common Cause, Neil Abercrombie, and Katherine Hammes shall file their amicus curiae brief as attached to the Motion. ECF No. 70-1. (MAGISTRATE JUDGE ROM TRADER)(rt2) (Entered: 03/05/2026)

March 5, 2026

March 5, 2026

75

Second MOTION to Stay and First Motion to Continue Date of Motions Hearing Thomas J. Hughes appearing for Defendant Scott Nago (Attachments: # 1 Memorandum in Support of Motion, # 2 Declaration of Thomas J. Hughes, # 3 Certificate of Service)(Hughes, Thomas) (Entered: 03/05/2026)

1 Memorandum in Support of Motion

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2 Declaration of Thomas J. Hughes

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3 Certificate of Service

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March 5, 2026

March 5, 2026

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76

Brief of Amici Curiae Common Cause, Neil Abercrombie, and Katherine Hammes. (Attachments: # 1 Exhibit Ex. 1 - Signed MOU, # 2 Certificate of Service)(Hills, Emily) (Entered: 03/05/2026)

1 Exhibit Ex. 1 - Signed MOU

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2 Certificate of Service

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March 5, 2026

March 5, 2026

Order on Motion for Leave to File

March 5, 2026

March 5, 2026

77

EO: ORDER REGARDING DEFENDANT'S RENEWED MOTION TO STAY AND FIRST MOTION TO CONTINUE DATE OF MOTIONS HEARING On March 5, 2026, Defendant Scott Nago, in his official capacity as Chief Elections Officer for the State of Hawai`i ("Defendant"), filed a Renewed Motion to Stay and First Motion to Continue Date of Motions Hearing ("Second Motion to Stay"). [Dkt. no. 75.] Any opposition to the Second Motion to Stay must be filed by March 19, 2026, and Defendant may file an optional reply by March 26, 2026. In light of the pending request to stay the case, the hearing date and briefing schedule for Intervenor-Defendant NAACP California-Hawaii State Conference's ("NAACP CA-HI") Rule 12 Motion, [filed 2/18/26 (dkt. no. 52),] and Defendant's Motion to Dismiss, [filed 2/18/26 (dkt. no. 53)], is VACATED. See Minute Order - EO: Order Setting Briefing Schedule, filed 2/20/26 (dkt. no. 56). If Defendant's request for a stay is denied, a new briefing schedule and hearing date will be issued. If Defendant's request for a stay is granted, a new briefing schedule and hearing date will be issued, if necessary, after the stay is lifted. IT IS SO ORDERED. (SENIOR JUDGE LESLIE E. KOBAYASHI)(cgc) (Entered: 03/06/2026)

March 6, 2026

March 6, 2026

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MEMORANDUM in Opposition re 52 MOTION to Dismiss NAACP CALIFORNIA-HAWAII STATE CONFERENCES RULE 12 MOTION, 53 MOTION to Dismiss filed by United States of America. (Attachments: # 1 Declaration of Erif Neff, # 2 Exhibit 6- Texas MOU, # 3 Exhibit 7- Georgia Complaint, # 4 Exhibit 8- Georgia Consent Decree, # 5 Exhibit 9- North Carolina Order, # 6 Exhibit 10- North Carolina HAVA Report, # 7 Exhibit 11- Ford-Carter Report, # 8 Exhibit 12- Michigan Notice of Appeal, # 9 Exhibit 13- Oregon Notice of Appeal, # 10 Exhibit 14- California Notice of Appeal)(Bennett, Brittany) (Entered: 03/06/2026)

1 Declaration of Erif Neff

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2 Exhibit 6- Texas MOU

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3 Exhibit 7- Georgia Complaint

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4 Exhibit 8- Georgia Consent Decree

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5 Exhibit 9- North Carolina Order

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6 Exhibit 10- North Carolina HAVA Report

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7 Exhibit 11- Ford-Carter Report

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8 Exhibit 12- Michigan Notice of Appeal

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9 Exhibit 13- Oregon Notice of Appeal

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10 Exhibit 14- California Notice of Appeal

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March 6, 2026

March 6, 2026

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79

RESPONSE in Opposition re 75 Second MOTION to Stay and First Motion to Continue Date of Motions Hearing filed by United States of America. (Gardner, Christopher) (Entered: 03/19/2026)

March 19, 2026

March 19, 2026

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80

REPLY re 79 Response in Opposition to Motion, 75 Second MOTION to Stay and First Motion to Continue Date of Motions Hearing filed by Scott Nago. (Attachments: # 1 Certificate of Service)(Hughes, Thomas) (Entered: 03/25/2026)

1 Certificate of Service

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March 25, 2026

March 25, 2026

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81

ORDER GRANTING DEFENDANT'S RENEWED MOTION TO STAY re 75 - Signed by SENIOR JUDGE LESLIE E. KOBAYASHI on 4/6/2026. For the foregoing reasons, Defendant's Renewed Motion to Stay, filed March 5, 2026, is HEREBY GRANTED. The instant case is STAYED, pending the Ninth Circuit's decisions in the Weber and Oregon appeals. Defendant is DIRECTED to file a notice advising this Court of the Ninth Circuit's decisions on the Weber and Oregon appeals within seven days after the decisions are issued. This Court will then address the lifting of the stay. (eta) (Entered: 04/06/2026)

April 6, 2026

April 6, 2026

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Case Details

State / Territory:

Hawaii

Case Type(s):

Environmental Justice

Special Collection(s):

Trump Administration 2.0: Litigation and Investigations By the Government

Key Dates

Filing Date: Dec. 11, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The United States of America

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Scott Nago

Case Details

Causes of Action:

Help America Vote Act (HAVA), 52 U.S.C. § 20901 et seq (previously 42 U.S.C. § 15301 et seq)

National Voter Registration Act ("Motor Voter law"), 52 U.S.C. § 20501 (previously 42 U.S.C. § 1973gg)

Other Dockets:

District of Hawaii 1:25-cv-00522

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Document/Information

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Voting:

Access to Voter Rolls / Voter Information

Recommended Citation